CESTAT Rulings


CISF liable to service tax for security services; Quashes penalty considering ‘genuine’ interpretational-issue 

CESTAT Hyderabad confirms service tax demand on Central Industrial Security Force (CISF) under the head ‘Security Agency Services’ along with interest, however, sets aside penalty absent &...View More

Sets-aside MRP based assessment for Switchgears intended for ‘industrial use’ 

CESTAT Chandigarh finds no infirmity in assessing of Switchgers by Assessee u/s 4 of Central Excise Act, 1944; Opines that “Revenue has not made out any case for assessment under Section 4A, des...View More

Sales-Tax retained by ATM-part's manufacturer under NPV scheme not includible in Assessable Value 

CESTAT Mumbai holds that sales tax/VAT retained by the assessee-unit (manufacturing parts of ATM) under the “Net Present Value” (NPV) scheme is not includible in the assessable value; Sett...View More

Quashes recovery of self-credit as ratified by proper-officer to unit availing area-based exemption 

CESTAT Chandigarh rules that the self-credit availed by the Assessee-Unit in terms of the Notification No.56/2002-CE cannot be recovered in terms of Section 11A of Central Excise Act, 1944; Further, o...View More

Applying common-parlance test, sets -aside demand for differential duty on imported bed-sheets 

CESTAT Kolkata dismisses Revenue’s appeal charging differential duty on account of classifying bed-sheets imported by the Assessee under CTA 5407 (Polyester Woven Fabrics) as opposed to Assessee...View More

‘Pantographs and Parts’ manufactured solely for railway locomotives, classifiable under CH 86 

CESTAT Chennai upholds assessee’s classification of ‘Pantographs and Parts’(used specifically for the collection of electric current, which is mounted on the roof of the car body) un...View More

Compensation received for equipments/tools 'Lost in Hole' while providing drilling service not taxable 

CESTAT Delhi drops demand of service tax on compensation received by the Assessee in respect of equipments/tools 'Lost In Hole' (LIH) (i.e. get stuck or lost and are not retrievable) while providing d...View More

Terms absolute confiscation of rough diamonds without offer of redemption ‘ inappropriate’ 

CESTAT Mumbai sets aside the absolute confiscation of rough diamonds, observing that the confiscation of goods without offer of redemption is inappropriate; Also finds that there was lack of a complet...View More

Refund claim cannot be entertained unless assessment is challenged; Upholds refund denial 

CESTAT Delhi rejects the refund claim filed by the assessee concerning 60% of the service tax paid as a service supplier for renting buses and motor vehicles to the Nuclear Power Corporation of India ...View More

Classifies Student Almanac & Teacher planner as ‘paper and paper products’; Upholds demand for normal period 

CESTAT Delhi partially allows Revenue’s appeal in respect of classification of Student Almanac and teacher planner under Chapter 48; Holds that Student Almanac and teacher planner manufactured s...View More